Dear Secretariat, The Chairman did not make a ruling. The Chairman attempted to make a decision on behalf of LACRALO, which he does not have the authority to do. Therefore, there can be no invoking of Rule 8 here. This is a straightforward matter. There is a difference of opinion on the matter of the suitability of a candidate. It is the members who must decide on that. It is the members who made the rules and the members have a right to interpret their own rules and change their rules if they so desire. I do not see anywhere in the rules which gives the Chairman the right to make a decision for LACRALO. Under Rule 4 it states: The General Assembly shall elect a President, whose term shall be for one year, with the possibility of reelection for one single consecutive term. The process of election of the President of the Assembly shall take into account the level of participation, leadership, commitment, and knowledge of the work of the Assembly. In the event of a tie in the course of deliberations, the President shall cast the deciding vote. His duties will consist of, among other things, establish a link between the discussions in ALAC and the contributions made by the region, represent the region in the ALAC face-to-face meetings and chair the debates of the Assembly held through discussion lists, teleconferences and face-to-face meetings. So that there is no misunderstanding, the words "among other things" is assigned by the genre of the descriptions that come after it. This is to say that things of the nature of "establishing a link between discussions", "represent the region at face-to-face meetings" and "Chair debates of the assembly" meetings. Nothing here gives the Chairman a right to make a decision for LACRALO. On the other hand, the Secretariat is charged with administrative matters. What makes this an administrative matter is that there is a question which the Assembly must resolve. The Chairman cannot resolve the question for the Assembly. The Chairman can only rule on how the Assembly proceeds. hence the rules are clear on the role of the Secretariat, both in Assembly and in teleconferences/lists, etc. Rule 7 states: "7. The Secretariat shall have administrative and informative functions. It will be responsible for maintenance of the communications systems and the proper flow of information on matters under discussion among all the ALSs belonging to the LACRALO, and any other responsibilities assigned to it by the General Assembly." Administrative means that whenever there is an action to be completed, the Secretariat comes to the aid of the Assembly and uses its expertise to administer the action. In this case, the only ruling the Chair can make is that the question or issue must be put to a vote and the Secretariat manages the vote. The Chairman cannot decide the outcome of the vote nor can he make a ruling on the vote except on the manner of the vote. The Chairman made no ruling on the procedure of the meeting of the Assembly and therefore there can be no appeal against it. The Chairman simply made a mistake which cannot be validated. According to the rules, the only ruling the Chair can make is to advise the Secretariat that there is a difference of opinion and that there is need for a vote to determine the issue. The Secretariat should then proceed to administer the vote. Please seek further advice since there is a danger that a precedent may be set that allows the Chairman to make decisions on behalf of LACRALO, which is not the intention of the stated rules. The spirit in which the rules are written suggests that all members should participate in decisions of LACRALO. ROK -----Original Message----- From: sylvia@internautabrasil.org Sent: Friday, August 17, 2012 5:55 PM To: lac-discuss-en@atlarge-lists.icann.org Cc: ICANN At-Large Staff Subject: [lac-discuss-en] =? Iso-8859-1? Q? SOLICITUD_DE_VOTACI =D3N_SOBRE_EL_? == Iso-8859-1? Q?CONFLICTO_DE_CANDIDATO_ALAC_MEMBER? = [[--Translated text (es -> en)--]] Subject: =? Iso-8859-1? Q? SOLICITUD_DE_VOTACI = D3N_SOBRE_EL_? == Iso-8859-1? Q? CONFLICTO_DE_CANDIDATO_ALAC_MEMBER? = From: sylvia@internautabrasil.org Dear members of LACRALO Considering: The large amount of e-mails on the eligibility list relacina Humberto Carrasco candidate to participate in the elections to Member of Alac 2013-2014; The diversity of interpretations and opinions that has caused this subject; That the official date for votacin was established between 11 and on August 18, 2012; In several members have opposed the Declaration made by the votacin president and requested online as a way to solve the conflict; . The provisions of Rule 8.2 of the Rules of Procedure of LACRALO which provide that any apelacin be voted inmediatmente. .The other relevant provisions of the Rules of Procedure of LACRALO and the Rules of Procedure of the General Assembly of the Nations United This solicitaral secrete a votacin staff of 3 (three) days from Monday August 20 to 23:59 UTC on August 23, 2012 with the purpose of which: A. - The President confirmed the decision in order to consider that Don Humberto Carrasco does not meet the requirement of primary residence vlido required to be a candidate for the position of representative of LACRALO to ALAC. 2. - Reject the decision of the president in order to consider that Don Humberto Carrasco does not meet the requirement of primary residence vlido required to be a candidate for the position of representative of LACRALO to ALAC. There follows from this votacin is iniciarinmediatamente the votacin for choose the new ALAC Member entraren site that Sergio Salinas Porto. (From 24 to 23:59 UTC August 31) Without more, Sylvia Leite Herlein Secretary LACRALO ___________________________________________________ Sylvia Herlein <mailto:sylvia@internautabrasil.org> sylvia@internautabrasil.org LACRALO Secretary-ICANN / 2012-2013 - <http://atlarge.icann.org> http://atlarge.icann.org 2009-2012 Secretary FLUI sylvia_leite = Skype Descrio: Assinatura_Sylvia_Internautabrasil [[--Original text (es) http://mm.icann.org/transbot_archive/7c8c5a5b41.html --]] _______________________________________________ lac-discuss-en mailing list lac-discuss-en@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-en ----- No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2197 / Virus Database: 2437/5206 - Release Date: 08/17/12